Sept.
29
So, how can you tell if you can use someone
else’s photograph?
Whether or not
you can legally use another’s photo on your blog depends on the kind of license
governing the particular photo you want to use. Most users on Flickr have one
of two types of licenses governing third party use of their work: a traditional
Copyright license with “all rights reserved,” or a Creative Commons license
with “some rights reserved.” You can find out what kind of license an author
has by looking for a watermark on the photo, or, sites like Flickr will have an
actual “License” section next to the work spelling out any limitations on use.
If the
photographer has a copyright notice posted with their work, you may not use the
photo in any way unless you first contact the photographer and obtain their
permission. You can take the phrase “all rights reserved” at face value— the
creator of the work is withholding all the rights associated with the work
under copyright law. This includes the right to display, share, copy and change
the work. This is the strictest license,
and bloggers should avoid using copyrighted photos unless given express
permission.
On the other
hand, a Creative Commons license usually grants limited use of the work in
certain circumstances. There are several variations of the Creative Commons
license, with each variation determining how you may use the photo.
Different
kinds of restrictions on Creative Commons licenses:
Attribution: You may use the photo, but you
must give the author credit. Best practices include linking back to the source
image.
Non-Commercial: You may use the photo, but only if your
use of the photo is not considered
“commercial use”. Generally, if your
blog has any sort of advertising, or generates income in any way, your use of
the photo will be considered “commercial use”. Thus, if a photographer has this
license restriction on use of the photo, you would not legally be able to use
it on your blog.
No Derivative Works: You may use the photo, but you may not alter
the photo in any way, i.e., create a “derivative work”.
Share Alike: You may alter the photo (create
a derivative work), but you must restrict use of your derivative work with the
same license that governs the original.
These four
restrictions may be combined in various ways in a single creative commons
license. Particular attention needs to be paid to the “Non-Commercial”
restriction, as many bloggers are unaware that use of the photo on their blogs would
actually qualify as commercial use. Income generation of any kind would qualify
any blog as a commercial user of a work, regardless if an actual profit is
earned.
Safer Search Engines
To make searching
for and finding licensed content easier, there are various search engines
dedicated to locating legally useable images on Flickr and other sites. These search engines pull from
Flickr’s API and return images grouped by the license restrictions governing
those particular images. That way, you can find photos based on how you plan to
use them, ensuring you are aware of any legal limitations ahead of time.
The ease of
saving, copying and using millions of photos found online has lured many a
blogger into an “it can’t happen to me” attitude. However, use of copyrighted
and licensed material isn’t something to be taken lightly, as some large
stock-photo companies have become increasingly litigious in recent months. Not even tech giants are safe from being sued over their use of
infringing images.
With a little due
diligence on the front end, you can ensure you never end up on the wrong side
of a legal battle.
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